Crime Online CPD

This online module consists of two updates, in which you will gain clarity on changes in court procedure and how expectations will be implemented. Our speakers address the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (Commencement No. 1 and Transitional Provision) Regulations 2019 which ensure that any child witness under the age of 18 giving evidence in the most serious cases in the High Court, will be allowed to have it pre-recorded.

Our speakers address the Vulnerable Witnesses (Criminal Evidence) (Scotland) Act 2019 (Commencement No. 1 and Transitional Provision) Regulations 2019 which ensure that any child witness under the age of 18 giving evidence in the most serious cases in the High Court, will be allowed to have it pre-recorded, sparing the trauma of giving evidence during a trial. Materials include Scottish Government resources and reference documentation, as well as a practical considerations paper from John Scott QC.

Learning outcomes:

• Provide guidance to both instructing solicitors and solicitor advocates and concentrate on current law and practice and also offer practical pointers based on recent experience
• Gain insight on evidence on commission, practice notes in practice, proposed questions and your considerations, the vulnerable accused and the Advocate’s Gateway toolkits

Speakers:

John Scott QC, Solicitor Advocate, Leading Individual and Top Tier Firm - 2020 Edition of Legal 500
John qualified as a solicitor over 30 years ago, having trained with leading Glasgow firm Hughes Dowdall and Company, before moving to Edinburgh in 1988. By 1991, he was a partner in Gilfedder and McInnes (subsequently known as Capital Defence Lawyers), at the time one of the largest criminal firms in Edinburgh.
He obtained rights of audience before the High Court of Justiciary in 2001 and took Silk in 2011. Since then, he has been instructed in some of the most significant, complex and high-profile cases of recent times. In some of these, his arguments have helped to develop the law.
In November 2018, John was awarded Silk of the Year in the Law Awards of Scotland. This was a joint award with Aidan O'Neill QC.
John was the Firm Magazine’s Criminal Lawyer of the Year in 2009, 2010, 2011 and once again in 2013 (there was no award in this category in 2012 and it has not been awarded since 2013). No other lawyer has received this award on 4 consecutive occasions.

Lesley Bagha, Head of Criminal Justice Reform Unit, The Scottish Government

Jeff Gibbons, Criminal Justice Reform Unit, The Scottish Government

Prices for this module (excluding VAT)

This online module will provide an update for criminal law practitioners on vulnerability in the Scottish criminal justice system with a focus on the accused.

Can you recognise vulnerabilities in both witnesses and your clients?

The module will consider the vulnerable accused carefully within legislation and common law, with reference to s.42 Criminal Justice (Scotland) Act 2016, s.271 (f) Criminal Procedure (Scotland) Act 1995. We consider how the vulnerable accused can meaningfully engage and follow proceedings in the trial with practical examples.

 As the trial starts in the police station, we also consider the questions you can ask your client to identify vulnerability early on within the system. We will also explore the problems that may we face if we do not recognise vulnerability and serving our clients as best as we possibly can.

Learning outcomes

• Issues regarding the vulnerable in the criminal justice system and the Society’s work in protections in this area
• How one can improve and debate the position of the vulnerable in the system
• Gain awareness in regards to the identification of the vulnerable and preparation of case
• Discussion of the flow of information, liaison and diversion of cases
• Case study in the context of the Sheriff Court

Speakers:

Gillian Mawdsley, Policy Executive, Law Society of Scotland and Secretary to the Criminal Law Committee

Jim Stephenson, Solicitor Advocate Partner, Thorley Stephenson, Convener of Access to Justice Committee
Jim Stephenson has been a solicitor since 1990 and his main area of practise is criminal law. In 2005, with Mark Thorley, he founded Thorley Stephenson. The firm currently has nine lawyers providing representation in the Scottish civil and criminal courts. A solicitor advocate since 2002, and a member of the Society of Solicitor Advocates, Jim is also a founder member of Fortis Chambers, Scotland's first chamber comprised exclusively of Solicitor Advocates.

Prices for this module (excluding VAT)